Eminem song owners denied a Supreme Court appeal in National Party copyright case

The damages the National Party has to pay the owners of Eminem song 'Lose Yourself' for breach of copyright will stay at $225,000 after the Supreme Court decided not to allow an appeal.

Eminem. Source: Getty

The National Party used a song Eminem Esque in its 2014 election advertisement, and Eight Mile Style and Martin Affiliated, who own rights to Eminem's music on which the song was based, took them to court.

In 2017, the High Court determined Eminem Esque breached copyright of Eminem’s Academy Award-winning Lose Yourself, and ordered the National Party to pay $600,000.

But in December last year, the Court of Appeal allowed a National Party appeal and reduced the damages to $225,000.

Eight Mile cross-appealed against the refusal of a High Court Judge to award additional damages, but the cross-appeal was dismissed. 

Eight Mile then sought leave to appeal to the Supreme Court and the highest court in the land has today said no.

The Supreme Court dismissed the application for leave to appeal and ordered Eight Mile Style to pay $4500 in costs.